What is a Code of Ethics?

“A code of ethics often focuses on social issues. It may set out general principles about an organisation’s beliefs on matters such as mission, quality, privacy or the environment. It may delineate proper procedures to determine whether a violation of the code of ethics has occurred and, if so, what remedies should be imposed.

“The effectiveness of such codes of ethics depends on the extent to which management supports them with sanctions and rewards. Violations of a private organisation’s code of ethics usually can subject the violator to the organisation’s remedies (such as restraint of trade based on moral principles). The code of ethics links to and gives rise to a code of conduct for employees.

“Ethical Codes are often not adopted by management because of some over-riding corporate mission to promote a particular moral theory but accepted by management as pragmatic necessities in running an organisation in a complex society in which moral concepts inevitably play an important part.

They are distinct from moral codes that may apply to the culture, education, and religion of a whole society.

“Of course, certain acts that constitute a violation of ethical codes may also violate a law or regulation and can be punishable at law or by government agency remedies.

“Even organisations and communities that may be considered criminal may have their own ethical code of conduct, be it official or unofficial. Examples could be hackers, thieves, or even street gangs.”

Three or four issues arise from this definition and further explanation of codes of ethics.

The first is that Codes of Ethics are self imposed. They are created by individuals who have come together for a common purpose whether private or public in order to self regulate themselves as they conduct their work and fulfill their purpose.

The second is that inherent in the implementation of a code of ethics is a process for handling situations where the code of ethics are breached.

The third is that such a process must be aligned to the general body of legal practice especially where violations of the code of ethics result in violations of the law of the land.

The fourth is that codes of ethics are an important tool in regulating the behaviour of the membership of organisations and that they may be written rules or may be generally understood dependent on the type of organisation. In whatever format they are enforceable by very specific and generally accepted processes.

In Trinidad and Tobago, our Parliament has adopted two sets of codes of ethics pertaining to ministers and parliamentary secretaries as well as for all parliamentarians. These codes were debated in the House of Representatives on July 1, 1988 and July 15, 1988 and approved by resolution of the House of Representatives on July 15, 1988 on a motion moved by the Honourable ANR Robinson.

It is understood that they remain the only Codes of Ethics of the Legislature and have not been revised by any subsequent Parliament. Like all Codes of Ethics they express only the resolved will of the House of Representatives and do not have the force of law.

In subsequent articles we will look more closely at what these codes entail.

In both cases the minister or parliamentarian is subject to the findings of the Ethics Committees of the two Houses of Parliament, which committees shall determine the bona fides of the breach and the appropriate penalty to be imposed.

It would be useful in closing to take note of the writings of Aristotle on this topic:

“But we must remember that good laws, if they are not obeyed, do not constitute good government. Hence there are two parts of good government; one is the actual obedience of citizens to the laws, the other part is the goodness of the laws which they obey...” (Aristotle, Politics 1294a3-6).